HomeMy WebLinkAboutResolutions - 1978.12.21 - 1264964,
Richard R, Wilcox, Chalrpers n
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December 21, 1978
8753 Miscellaneous Resolution
BY: PLANNING AND BUILDING COMMITTEE - Richard R. Wilcox, Chairperson
IN RE: PURCHASE OF OAKLAND/TROY AIRPORT - MICHIGAN AERONAUTICS COMMISSION GRANT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, by Miscellaneous Resolution 8201, dated October 11, 1977,
the Oakland County Board of Commissioners authorized the purchase of the
Oakland/Troy Airport; and
WHEREAS, said resolution directed the Oakland County Airport Committee
to apply to the Michigan Aeronautics Commission for a 250,000 grant as
matching funds for the purchase of the Oakland/Troy Airport; and
WHEREAS, the Michigan Aeronautics Commission has offered $250,000
matching funds.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby authorizes the Chairperson of the Board of Commissioners to execute
the necessary agreement with the Michigan Aeronautics Commission for
$250,000 for the purchase of the Oakland/Troy Airport.
The Planning and Building Committee by Richard R. Wilcox, Chairperson,
moves the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
4408 45 viv41
MICHIGAN AERONAUTICS COMMISSION
Michigan Department of State Highways and Transportation
Capital City Airport
Lansing, Pviiehigart 48906
AGREEMENT ON AIRPORTS UNDER THE
MICHIGAN AID AIRPORT PROGRAM
This Agreement entered into this day of , 19_ _ , by and between the __ _
County of Onkland
a legally existing political subdivision of the State of Michigan, referred to herein as the Sponsor, and the
Michigan Aeronautics Commission, a legally existing commission of the State of Michigan, referred to herein as
the Commission,
WITNESSESH;
WHEREAS, the Sponsor has submitted a request to the Michigan Aeronautics Commission for a grant of State
funds for a project at the Oakland-Troy Airport (herein called the Airport)
for alexamAnamxxx purchase of the land described in the attached Exhibit "A"
• for the development of the existinL (Troy Executive) privately-owned
_public-use airport into a publicly-owed airport,
and
WHEREAS, the Michigan Aeronautics Commission, acting in accordance with Act 475 , Public Acts of 19 /8,.
has approved such a grant in the amount of two-hundred fifty-thousaud
Dollars ($ 250„000,00 ),
NOW THEREFORE, the Director of the Michigan Aeronautics Commission, for and on behalf of th e Commi ss ion ,
up to 50%
hereby offers and agrees to pay, as the State's share of cost incurred, of the Sponsor's share of the eli-
gible final project cost as determined by the Commission, Funds shall not exceed the grant amount for the described
development, subject to the following conditions,
1. That the Sponsor shall:
(a) Carry out and complete the project without undue delay and in accordance with the applicable
statutory requirements and Commission rules and regulations, including but not limited to the
following: Title VI, Civil Rights Act of 1964; Part 15, Federal Aviation Regulations; Act
251, PA 1155; Act 327, PA 1945 as atnended, R.259.201 et seq of the Michigan Administrative
Code.
(b) Carry out and complete the project in accordance with the plans and specifications incorporated
herein, as they may be revised or modified with the approval of the Michigan Aeronautics Com-
mission.
(c) Maintain said Airport in full operating condition on a year-round basis for a period of twenty
(20) years in accordance with the requirements set forth by the Commission roles and regulations.
(a)
(b)
(c)
(d)
ao,g 0.4 7l7e1
Pwac
2. During the period referred to in paragraph 1(c) above, the Airport shall not be abandoned or closed
without the express written permission of the Commission.
3. Failure to operate said Airport in accordance with the terms of this Agreement shall constitute
grounds for forfeiture of said project, and/or repayment of all grant amounts on a pro rata basis.
4. The Sponsor agrees that it will operate the Airport for the use and benefit of the public, on fair
and reasonable terms, and without unjust discrimination. In furtherance of this covenant (but without limiting
its general applicability and effect), the Sponsor specifically covenants and agrees;
That in its operation and the operation of all facilities on the Airport, neither ft nor any
person or organization occupying space OT facilities thereon will discriminate against any
person or class of persons by reason of race, color, creed or national origin in the use of
any of the facilities provided for the public on the Airport.
That in any agreement, contract, lease or other arrangement entered into after
, 19_ , under which a right or privilege at the Airport is granted .
person, firm or corporation to render to the public any service (including the furnish
ing or sale of any aeronautical parts, materials or supplies) essential to the operation of
aircraft at the Airport, the Sponsor will insert and enforce provisions requiring the contrac-
tor:
(i) to furnish said service on a fair, equal and not unjustly discriminatory basis to all
users thereof, and
(ii) to charge fair, reasonable and not unjustly discriminatory prices for each unit or service:.
Provided, that the contractor may be allowed to make reasonable and nondiscriminatory dis-
counts, rebates or other similar types of price reductions to volume purchasers.
That it will not exercise or grant any right or privilege which would operate to prevent any
person, firm or corporation operating aircraft on the Airport from performing any services on
its awn aircraft with its own employees (including but not limited to maintenance end repair)
that it may choose to perform.
In the event the Sponsor itself exercises any of the rights and privileges referred to in sub-
section (b), the services involved will be provided on the same conditions as would apply to
the furnishing of such services by contractors or concessionaires of the Sponsor under the pro-
visions of such subsection (b).
5. Nothing contained herein shall be construed to prohibit the granting or exercise of an exclusive right
for the furnishing of nonaviation products and supplies or any service of a nonaerooautical nature or to obligate
the Sponsor to furnish any particular nonseronautical service at the Airport.
to any
21,03,1,17.,4!
PACE a
;
6. The Sponsor will operate and maintain in a safe and serviceable condition the Airport and all facil-
ities thereon and connected therewith which . are necessary to serve the aeronautical users of the Airport other than
facilities owned or controlled by the United States in the State of Michigan, and will not permit any activity.
thereon which would interfere with its use for airport purposea Provided, that nothing la,7"retn shall be construed
as requiring the maintenance, repair, restoration or replacement of any structure or facility which is substantially
damaged .or destroyed due to any act of God or other condition or circumstances beyond the control of the Sponsor.
7. The Sponsor will, either by the acquisition and retention of easements or other interests in or rights
for the use of land or airspace, or by the adoption and enforcement of zoning regulations, prevent the construction,
erection, alteration or growth of any structure, tree or other object in the approach areas of the runways of the
Airport, which would constitute an obstruction to air navigation according to the criteria or standards prneribed
. in the plans and specifications incorporated herein,
B. The Sponsor will not make or permit t'he making of any changes or alterations in the Airport Or arty of
its facilities other than in conformity with the master plan as so approved by the Michigan Aeronautics Commissiori
and the Federal Aviation Administration, if such changes or alterations mitlt adversely effect the safety, utility
or efficiency of the Airport.
9. It is understood and agreed that should 1.~,nd acquired with State
funds cease to be used for public airport purposes or is never developed for
public airport use, the sponsor shall reimburse to the State, the greater of
either of the following amounts:
a. $250,000.00.
b. Fifty percent (507) of the market value of the land current
at the time of reimbursement. Said value to be determined
by actuql sale to the highest offer or by appraisal made by
mutually accepted appraiser.
a
State of Michigan
X7q;, County of 9+k1 and
Official—elith,Orized to sign contracts
Executed and delivered by virtue of and. pursuant to
adopted o D. 19_
r
, Page 4
IN WITNESS WHERYDF, the parties hereto have executed this Agreement on the day and year first above
written,
Resolution of the
(Governing Body) of
In Witness Whereof; MICHTGAN AFICNAUTICS COMMISSION
By
Director
Executed by virtue of and pursuant to action of the
Kichigan Aeronautics Commission.
EXHIBIT A
Land in the City of Troy, Oakland County, nichigan, described as: .
Land in the North 1/2 of Szetion. 32, town 2 north, raric, 11 east,
City of Troy, Oakland County, Nichigen, described -as: Co=lencing at
th :Iorth 1/4 corn.-r of Section 32; thence along the scction line
Soul-h BO degrees 53 minutes 40 sz:7.cont:.s East 1333,55 feet; thence
,;outE 0 degrees 11 minutes 30 sccod s West 1512_65 feet to the point
of binning; thclica South 0 degrecs 11 raiauts 30 L-;ccone.s st
761.51 feet to the .41stcr1y extension- of the North line of BirmineTham -
c)rt Subdivision No 2 (liber 117, paq3 34 of Plats, Oaklaacl County
Records); thence along said line and the. north 1in of rirnAncjhaim
Airport Subdivision No. 1, (liber 112, page 33 of Plats, Oakland
County Records), Uorth 88 degrz?.es 10_ iflutes 50 seconds Qest 3294.41
ft-.1t; thencorth 0 -degrc.cs 01 xinuts 00 seconds East 395-23 ft-
th e nce 3Zorth S9 degrees 57 minutes 30 seconds !et 65.45 feet to the
west line of Sectioa 32; thence along said lins flozth 0 degrcs 02 _
lir;nut--s 230 acconas iat26.67 -fct; thence South 39 -'derrrees 29 - ,
uiinute-s 20 seconds East 3930.58 fe,it to the point of 1iu_qinning,'
together-with Lot-15 -of Birmingham Airport Subdivision 7no.-1 /-part.:-
-th.- South 1/2 of the South 1/2 of the Northwe st 1/4 of Section 32,
• towh 2 north 'range ,11 east, City of Troy_, Oakland County, nichigan,
acco ---0.4 1-Ito;:the plat thereof a,f..; recorded in liber 112 of Plats, page
33, Oakland:Couaty Rt4cards. _ .
- . ,
1_ Subject to a right-of-way granted to Co su1Ers Power Company for
pipe line to run in a northerly and south erly direction over the
westerly 43 ft of subject prc-mertv, as set foz-th in instrumc ,at
recordd in libar 303, page 333, Oakland County Records ,
2, allbjc:ct to a right-of-wav granted to Southoastera Michigan Gas
as ..D.Elt forth in instrut recorded in liber 2633, Nz)acw.
Oalr,land CounLv Records, the roll'ae of pipe to be constructed alciag
west prortv 1int within future highway right-of-w ay.
3. Subject to .a. right-of-wav granted to The Detroit Edison Company
over th wet 60 feet as set forah in instruen.t record ed in liber
3669, pag:2, 53, Oakland County Records.
4, Subjec't toeaseme..-_t for dra inage ditch grantd to the City of
as forth in 4 nstrumf.:*nt ---,corded in libar
Oakland County Records.
5. Subj ect to ease-meat granted to he City of Troy for underground
mun.-Lci1.3aI utilities over the north 10 feet of subjact property, and
for a tenc_lorary construction easenent over the south 10 feet of the
Ilor -z.'h 23 feet of subject prop-artv, as set forth in instriments
recorded in libor 5250, page 825 and libar 5250, page 826, Oakland
Coe_Ity Recores.
S.,,lbjilIct to cascric:-,: for watc.r supply sy s tem granted to the Coun1N
Ooklarxd, as et forth in Ii trueunt reco ci in liber6254,
6, Ok1ad County Records.
7, :=::,-;senleat for public utilf_tie:s and drainage, over the rear 15 fPe''--
Lo -,7. 15, as shown on the rcco -:d
3 Subject to Easer-ant for drainage grenti-d to Appa.-:-.,:ocd
forth in instru;:.ent record.,:d in liber 0737, page 711, 0z7C41an:'.
Cy IeccrdS
9, S-..15,-Icct to the nights of tho public and of any govcrn.cnt:1' uzl
::v part thereof t.:2-,en, used or dw.,.-sOce, for street, road or h -7 kj.h0.-
4613, page 721,
#8753 December 21, 1978
Moved by Wilcox supported by Fortino the resolution be adopted,
AYES: Gabler, Gorsline, Hoot, Kasper, Kelly, Lanni, McConnell, McDonald,
Moffitt, Montante, Moxley, Murphy, Page, Patterson, Peterson, Simson, Wilcox,
Fortino. (18)
NAYS: None. (0)
A sufficient majority haying voted therefor, the resolution was adoptedL
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and
having a seal, do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution #8753 adopted by the Oakland County Board of
oe• • e ..004 ••• • eee'eo e ••••• pee ea es aa vo••••at.tleao•a•aa•a saea
Commissioners at their meeting held on December 21, 1978
e• • •• ease ea•oe•aae•s= ........ ooece ea ea•—• emeeeee•• oeeeeem•• •ae•opea ..... •
with the original record thereof now remaining in my
office, and that it is a true and correct transcript
therefrom, and of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and
affixed the seal of said County at Pontiac, Michigan
21st December 78
Lynn D.
By e.O. ....... opp.Basespeoyeme.00". Deputy Clerk
